- (1) In a situation where a child support arrearage exists and the order does not address an amount toward that arrearage, the State IV-D agency has the authority to increase the amount of monthly support payments for the purpose of collecting past-due support provided that there is no court action pending on the case.
- (2) The procedure in which an amount is ordered toward the arrears may be done at the same time the Administrative Order/Notice to Withhold Income For Child Support is issued directly to the employer.
- (3) The amount added toward the arrearage should be twenty-five percent of the current support amount.
- (4) In arrearage cases only where current is no longer due, the amount toward the arrears should be the amount that was previously ordered toward current.
Author: Janice Grubbs
Statutory Authority: Code of Ala. 1975, §§30-3-60 through 30-3-71, 30-3-197(a)(5) and (7), 30-3A-501 through 30-3A-506; 45 CFR 303.100; 42 U.S.C. 666(b) and (c).
History: New Rule: Filed June 5, 2001; effective July 10, 2001. Amended: Filed August 6, 2009; effective September 10, 2009.